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Law GCSE

General Introduction

 

 

Welcome to your GCSE Law course! This Introduction gives you all the information you will need to make a good start to your studies.

 

Purpose, Aims and Objectives of the Course

This course has been designed to enable an external student to achieve the highest grades in the General Certificate of Secondary Education in Law set by the Assessment and Qualifications Alliance (AQA).

 

The examination centres on the study of the following topics:

 

 

The examination assesses the candidate’s ability to:

 

Arrangement of Lessons

Module A: Introduction to the Law

Lesson One:              The Nature of Law

Lesson Two:              The Evolution of Law

Lesson Three:            The Making of Law

Lesson Four:             The Administration of Law

Tutor-marked Assignment A

Lesson Five               The Personnel of the Law

Lesson Six                The Legal Process (I) Civil Procedure

Lesson Seven            The Legal Process (II) Criminal Procedure

Tutor-marked Assignment B

 

Module B: Types of Liability

Lesson Eight:            Contractual Liability (I)

Lesson Nine:             Contractual Liability (II)

Lesson Ten:               Contractual Liability (III)

Tutor-marked Assignment C

Lesson Eleven:                    Tortious Liability (I)

Lesson Twelve:                    Tortious Liability (II)

Lesson Thirteen:       Tortious Liability (III)

Tutor-marked Assignment D

Lesson Fourteen:       Criminal Liability (I)

Lesson Fifteen:          Criminal Liability (II)

 

Module C: Other Legal Topics

Lesson Sixteen:         Civil Liberties

Tutor-marked Assignment E

Lesson Seventeen:     Family Law

Lesson Eighteen:       The Law of Succession

Lesson Nineteen:       Employment Law

Tutor-marked Assignment F

Lesson Twenty:         General Revision

Tutor-marked Assignment G

 

AQA Aims

 

The aims of this course are the same as the aims listed in the AQA specification. Please refer to the AQA website for full details. The stated aims for this subject are for the student to develop:

 

a.    an understanding of law as a body of rules which change in response to society’s changing needs and European influences;

 

b.    the development of a critical interest in legal matters;

 

c.    an understanding of law as a body of rules affecting the interdependence of individuals, groups and institutions within society in Britain, and within a European context;

 

d.    the ability to acquire, select and handle information (making use of ICT where appropriate), to analyse critically its nature and source and to base judgements and arguments on evidence;

 

e.    opportunities for candidates to reflect on their own experience and acquire knowledge and develop skills which enhance their ability to play an informed role within the community;

 

f.    the provision of a sound basis for further study.

 

By the end of the course, provided you have conscientiously undertaken the prescribed course of study, you should feel confident about taking the examination, and should obtain the success you deserve.

 

Textbooks

The course is fully self-contained and is designed to prepare you for the examination without the use of a textbook.   However, you are strongly advised to supplement your studies by reference to one of the many specially written GCSE textbooks, in order to get a different perspective. For instance, W.J. Brown’s GCSE Law (Sweet & Maxwell, ISBN: 0 421 76840 1) is useful. If you are using a textbook, only the latest edition should be consulted.

 

AQA GCSE Law Syllabuses

This course is designed to prepare students for the Assessment and Qualifications Alliance (AQA) GCSE Law examinations. Every candidate has to take a syllabus (3161) that includes coursework (which counts for 20% of the marks) as well as a final written exam paper (80%).

 


Studying the Syllabus

 

You should be sure to acquire your own copy of the syllabus, either via the AQA Publications Dept or from the website www.aqa.org.uk.

 

The syllabus can be purchased from

 

Publications,

AQA, Aldon House,

39, Heald Grove,

Rusholme,

Manchester

M14 4NA               ( tel: 0161-953-1170)

 

or downloaded from www.aqa.org.uk/qual/pdf/AQA3161WSP.pdf.

 

We advise that you obtain a copy of the syllabus so that you can assess which topics you have covered in the most detail and which ones you will feel happiest about in the exam. AQA can also provide advice booklets on your course, including ‘Supplementary Guidance for Private Candidates’. As you approach the examination, it will also be helpful to purchase and tackle past papers from AQA.

 

Using the Internet

 

All students would benefit from access to the Internet. You will find a wealth of information on all the topics in your course. As well as the AQA website (www.aqa.org.uk), you should get into the habit of checking the Oxford Open Learning site (www.ool.co.uk) where you may find news, additional resources and interactive features as time goes by. If you have not already done so, you may register for your free copy of How to Study at Home, our 200-page guide to home learning, or enrol on further courses. Put it on your Favourites list now!

 

The Structure of the Examination

 

All GCSE papers are divided into tiers for students of different levels of ability. There is the Foundation Tier and the Higher Tier. The foundation tier allows for a grade range between C and G, while higher tier candidates are aiming for a grade between A* (“A starred”) and D. If you take the higher tier and fall short of a D grade, you will receive the result U (unclassified).

The Foundation Tier (3161F)

In the foundation tier, there is a written paper of two hours and carries 80% of the marks.

This paper is divided into three Sections: A, B and C

Section A contains two compulsory multi-part questions which are set on aspects of the syllabus.

Section B contains two multi-part questions of which only one has to be answered.

Section C contains four multi-part questions, one of which has to be answered. This part is based on a legal definition being given followed by a legal problem and the candidate is asked to resolve the problem based on fundamental principles of law.

 

The Higher Tier (3161H)

In the higher tier, for candidates aiming for the top grades (A* -D),   there is a written paper of two hours which carries 80% of the marks.

This paper is divided into three Sections A, B and C.

Section A contains two compulsory multi-part questions which are set on aspects of the syllabus.

Section B contains two multi-part questions of which only one has to be answered.

Section C contains four multi-part questions one of which has to be answered. This part is based on a legal definition being given followed by a legal problem and the candidate is asked to resolve the problem based on fundamental principles.

 

At a later stage, you will need to decide whether you are aiming for the foundation tier or the higher tier, but it does not have a major effect on your study programme. The topics covered will be the same; it is only the difficulty of the exam questions which is different. Quality is of greater importance than quantity.

 

Coursework

This component carries 20% of the total marks. All candidates are required to either produce two pieces of work of 1,250 words in length or one piece of 2,500 words. The work will be assessed and moderated externally. Each piece of work must reflect the law as it is and be within the remit of the syllabus. The choice to a great extent is yours. Further details are given on coursework at the end of this introduction.

The Structure within each Lesson: How to Study

 

You will find that each lesson commences with a list of learning objectives, is divided into numbered parts, and concludes with a Revision Quiz. Interspersed throughout the lesson material are various activities and a Self-Assessment Test for you to do.   You do not need to submit your answers to these Self-Assessment Tests to your tutor as answers are provided in the course.   You will also find at the end of each lesson a diagrammatic summary of the lesson’s contents.

 

Front Page

The front page of each lesson shows:

 

•       The title.

 

•       Aim(s) of the lesson: these set out the position that you should reach after working through the lesson. Keep these in mind while reading the lesson material.

 

•       Context: this gives a very brief summary and shows how the lesson fits in with the rest of the course.

 

•       Note: this indicates specific reading or writing materials needed for the lesson.

 

Lesson Notes

There then follow the notes; these present the subject material to be studied in the lesson. Read these through carefully several times until you feel that you have understood the broad outline of the theory involved. You will find a diagrammatic representations of the information or a summary at the end of each lesson.

Activities

For most of this course the work that you will be doing will not be sent to your tutor; it will consist of Activities. These will aid your learning and allow you to check that you are taking in what you have been reading. The important thing to remember is that none of the work that you do in these activities is wasted: all of it will contribute to helping you develop skills, which will later be assessed both in your coursework assignments and in your examination. Your activities will give you necessary practice, and careful work on these will contribute more to your eventual performance and success than any other aspect of the course.

 

Activities are indicated as follows:

 

 

Activity 1

 

 

In the previous lesson precedent was discussed.   To revise this and the material in this lesson so far, complete the right hand side of the following table: Order of Precedence in relation to the System of Judicial Precedent.

 

 

.

 

Courts of Law      Courts of Law Bound           Binding Others

1.                               House of Lords

 

2.                               Court of Appeal Civil Division

 

3.                              High Court (Divisional Courts)

 

4.                              High Court and Crown Courts

 

5.                              County Courts and Magistrates’

                                Courts

 

 

The pencil symbol indicates that you should make your own notes in the space provided (though, of course, you may prefer to make them separately). Answers are not usually given, as the questions can be quite open-ended. Your tutor will help you with any activities that you find particularly hard.

 

Self-Assessment Tests

When you feel that you have mastered the topics and completed the activities, tackle the Self-assessment Test (there is one at the end of most lessons). The specimen answers to these can be found at the end of each lesson. Try not to be tempted to look at the answers before attempting the question. This would give you less chance of doing well in the Tutor-marked Assignments.

 

Tutor-marked Assignments

After every three or four lessons there is a Tutor-marked Assignment. These assignments are progressive both as regards difficulty and as regards knowledge.   They have been designed firstly to test your understanding of the specific lessons and your ability to apply the skills which you have learnt to problematical situations.   Secondly, they have been designed to provide you with a means of revising the content of earlier lessons. Revision will become a greater part of your time as the examination approaches and so you will need to devote more time to consolidating knowledge. The TMAs will provide examination practice as they consist of the longer questions set in the examination.

 


Assessment of TMA answers

If you are working with a tutor you will have the opportunity to submit to him or her your answers to the seven Tutor-marked Assignments (or TMAs). When you have completed the TMA, write your name and other details very clearly on your answers, ensure that all the sheets are firmly attached together, and send them to your tutor. Remember that the final examination has to be done in handwriting, so it is probably best not to type your answers.

 

When your scripts for each of the Tutor-marked Assignments are returned, sets of suggested answers will also be sent to you. These Suggested Answers are the product of experience, and are based on careful reading and analysis of the question and the drafting of a preliminary answer plan. If your answers do not initially come up to the standard of the Suggested Answers do not worry.   Continued practice and the advice of your tutor will enable you eventually to achieve the desired standard.

 

The Use of Cases

English law is essentially a case law system and part of the English legal technique is the use of cases as authorities.   However, this does not mean that you must have a detailed knowledge of every case mentioned in the course.   Such depth of knowledge may be restricted to those cases examined in detail in the course and the recommended texts.   However, the use of case law is an indication of a mastery of legal technique.

 

It is important that you do remember cases. The leading cases are vitally important as it is doubted that an answer with regard to a subject would be complete or unacceptable without such a case. Help with these cases will be given by your tutor.

 

It is essential to keep up to date with the latest legal developments. This may be achieved by reading broad sheet newspapers, such as The Times.

Study Techniques

Studying is very much a personal matter.   We all have different methods of studying, and it is best that you study in the way which you find suits you best and with which you are happiest.   However, even accepting this, there are several hints that may be given in this respect:

 

 

 

 

 

 

 

Legal Essay Technique

How should essays be written? A good approach is given below. Read it before you begin the course and return to it as you tackle your first pieces of written work.

 

A. The Approach

1.     Read the question fully and be sure you understand it.

       Ask yourself the following questions:

 

       (a)    What is being asked in the question?

       (b)    What are the nuances?

 

 

 

5.     Draft an answer and read it through.

       Ask yourself the following questions:

 

       (a)    Have I answered the question?

       (b)   Have I covered all the points?

 

6.     Make a final copy.

 

B. Essay Structure

 

       (a)    Outline your answer in general terms.

 

 

       (a)    Divide into paragraphs -each paragraph MUST relate to the paragraph before and after.

       (b)    Each paragraph needs to be a complete entity in itself.

 

 

       (a)    Give a résumé of what has been said.

       (b)    You may give your views but remember the way it is done. ‘ It is submitted that...’

       (c)     Keep it short.

 

C. Content of the Essay
A.   Civil

A legal essay is divided into two distinct areas: The Thought Process and The Legal Presentation.

 

1. The Thought Processes

A - What is the Common Law?

B - What is the Statute Law?

 

  1. What is the English Law?
  2. What is the European Law?
  3. What is the International Law?


C - Is there case law?

 

  1. What are the leading cases?
  2. What are the general principles?
  3. How do these general principles apply?
  4. How do the facts of the question fit into the principles?

 

D - Is there academic law on this point?

 

  1. Are there contradictions?
  2. Where are the points of difference?

 

E - Your ideas

 

  1.  There is nothing wrong with having an opinion.
  2. Neutral phraseology is important. ‘It is submitted that...’ or ‘It is respectfully submitted that...’

 

2.The Legal Presentation

Now that you have ordered your essay in terms of English and the Legal Structure you must turn to the presentational skill.

 

REMEMBER: there are always two sides to every argument and then a judgement.

 

In civil law the parties are called the Claimant (the person who brings the case) v (versus) the Defendant (the person who defends the action) and there is the judge who decides the case. All parties have to be discussed in the essay. As such you must take account of each party and the opposing arguments. In an essay you need to start with the Claimant’s case,   followed by the Defendant’s and finally the judgement.

 

        Follow the models above and look at the arguments from the Claimant’s point of view.

 

        Follow the models above and look at the arguments from the Defendant’s point of view.

 

       In each case the law may well be the same. It is your job to try to tease out the differences. Use neutral words like ‘may, might possibly, if but, then’.

 

       Use authorities to show the differences between the principle and what the facts are in the case under consideration.

 

        Try to give an assessment of the way you think the case is likely to go. When making such a decision the words to use are ‘on the balance of probabilities’. Do not say ‘beyond all reasonable doubt’.

 

B. Criminal (If applicable)

Again, a legal essay is divided into two distinct areas: The Thought Process and The Legal Presentation. Although the areas have to be distinct from the model point of view, within sentences or paragraphs the points still have to be raised.

 

 

1. The Thought Processes

A - What is the Common Law?

B - What is the Statute Law?

  1. What is the English Law?
  2. What is the European Law?
  3. Isolate the Actus Reus and Mens Rea for each substantive crime.

C - Is there case law?

  1. What are the leading cases?
  2. What are the general principles?
  3. How do these general principles apply?
  4. How do the facts of the question fit into the principles?

D - Is there academic law on this point?

  1. Are there contradictions?
  2. Where are the points of difference?

E - Your ideas

 

  1. There is nothing wrong with having an opinion.
  2. Neutral phraseology is important. ‘It is submitted that...’ or ‘It is respectfully submitted that...’

 

2. The Legal Presentation for Criminal Essays

Now that you have ordered your essay in terms of English and the Legal Structure you must turn to presentational skills.

 

REMEMBER: there are always two sides to every argument and then a judgement. In civil law the parties are called the Prosecution or Prosecutor (the person who brings the case) v (versus) the Accused Defendant (the person who defends the action) and then there is the judge who decides the case. All parties have to be discussed in the essay. As such you must take account of each party and the opposing arguments. In an essay you need to start with the Claimant’s case and this is followed by the Defendant’s and then the judgement.

 

Follow the models above and look at the arguments from the Claimant's point of view.

 

Follow the models above and look at the arguments from the Defendant’s point of view.

 

       In each case the law may well be the same. It is your job to try to tease out the differences. Use words like may, might possibly, if but, then’.   Use authorities to show the differences between the principle and what the facts are in the case under consideration.

 

Try to give an assessment of the way you think the case is likely to go. When making such a decision the words to use are ‘beyond all reasonable doubt’.

 

D. Other Points to be Considered

 

 

 

 

 

 

Examination Technique

Obviously your ultimate aim in taking this course will be to take and pass an examination and the course has been specifically designed with this end in mind.   However, as the examination approaches there will undoubtedly be certain queries you will have as regards examination technique.

 

The commonest question asked by students is how to approach and answer problematical questions. The key to answering such questions is proper preparation:

 

 

Another query raised by students concerns the use of cases and the importance of including names, dates, and facts of cases in an answer.  

 

1.     If you cannot remember the name of a case, but you can recall the facts, then include the facts in your answer, but introduce them in some other way   (e.g.   ‘In a decided case ...’).

2.     If you know the name of the case but cannot recall its facts, it is acceptable for the case name alone to follow the principle.   If this is the only way you introduce cases your answer will look unbalanced.

3.     There is no need to remember case dates or law report references.

4.     Try to choose cases that are relevant to the facts of the problem and illustrate those facts.

5.     Answer the question.

 

Coursework: a General Introduction

 

Coursework is not supposed to be a special requirement; the exam boards say it should be a normal part of your work.   During your study, you will work on your coursework in exactly the same way as you would approach one of the TMAs.   Your tutor marks your coursework (unless you are an external candidate: see below) and those marks are sent to AQA. Moderators from AQA may also check that the mark is fair.

 

To do well in coursework you will need the same skills as you will require for success in the examination and the same qualities that you will require to get you through this course of study.   All three require an ability to work and think independently, to hunt out information and make notes, to make good use of resources (e.g. libraries) and to organise an express your ideas effectively.

 

Indeed, the very fact that you are studying through an open learning mode means that you will be starting at an advantage when it comes to coursework compared with the typical classroom-based 16-year-old.   As long as you show some of the skills you have learnt along the way you will get a good mark.   Perhaps it’s a shame it only counts for such a small percentage of the examination!

 

It is expected that your tutor will give you a certain amount of help with your coursework, especially in the preparatory stages.   Your tutor should help you select an appropriate topic or topics, according to your interests and aptitudes, and suggest possible avenues of investigation that might prove fruitful.   You may be advised on the methods you adopt to collect data. It is acceptable (but not compulsory) for tutors to mark coursework and return it to you during the course but the work must not be re-drafted once it has been marked.

 

You will need to plan your time carefully.   Find out the closing date for submitting your coursework to your tutor and work out your own private schedule to meet that deadline.   It is perhaps advisable that you should have completed most of your basic studies before embarking on your coursework.   Right from the beginning you can be looking out for topics which are of special interest to you and keeping a file of any useful items (e.g. newspaper articles) which might contribute to your investigations.

 

Because coursework is a very individual thing, this course can only give you a limited amount of guidance with this aspect of your studies.   About half way through the course (usually around Christmas), you will be asked to start thinking about the coursework requirement and a few tentative topics will be suggested that might tie in with what you have learnt so far and the assignments that you have already done.   A little later you will be expected (with your tutor’s help) to hit on a specific topic or topics and you will be given some kind of assistance with the planning of your investigations.   Finally, there will be some guidance on how to present your findings and ideas objectively and persuasively.

Coursework and External Candidates

Many of the students following OOL’s course will be external candidates.   External candidates (also known as ‘private’ candidates) are distance learners, those following correspondence courses, and many open learners—all those who are not linked to a specific school or college close to where they live. If you are not certain whether you qualify as an external candidate, you should consult your tutor.

The Authentication of Coursework

AQA will want to check (authenticate) that coursework is all your own work. This usually means that your tutor will have to sign a suitable form.

 

The work submitted must be authenticated by an ‘approved’ Authenticator. The Authenticator would normally be the tutor/teacher or person of similar professional standing who is in regular contact with the candidate and has supervised sufficient coursework material to be able to confirm that the work submitted for the examination has been undertaken by the candidate presenting the work.

 

Candidates are required to complete form CW1/AUTH giving details of the person who is authenticating their work. A relative may not act as Authenticator.Form CW1/AUTH should be given to the Examinations Officer of the centre which has agreed to accept the entry, who will forward it to AQA. This form is supplied by the centre of entry but is also available from AQA, Department ED/7 at the Guildford address. Coursework submitted without the Candidate Assessment Sheet attached will not be marked.

 

When making an entry candidates must ensure that they have obtained from the centre a Candidate Assessment Sheet (CAS) for each component involved and have obtained their Authenticator’s signature on the CAS before handing in their coursework at the centre of entry.

 

Rules and Arrangements for the Authentication of the Coursework of Private Candidates

 

These arrangements are only applicable to:

 

(a)   candidates following external syllabuses with written coursework who are not on roll at the centre where the entry Is made and

(b)   candidates of statutory school age educated at home for subjects with written coursework.

 

1.     All candidates for GCSE examinations involving coursework are required to sign a declaration when submitting the coursework that it is their own.

2.     For candidates of statutory school age who are being educated at home, the AQA is prepared to undertake the marking of the coursework for syllabuses for which the coursework is normally centre assessed.

3.     AQA will not be able to accept coursework from candidates who have not had their coursework supervised for authentication purposes.

4.     The work submitted must be authenticated by an ‘approved’ Authenticator. The Authenticator would normally be the tutor/teacher who is in regular contact with the candidate and has supervised sufficient coursework material to be able to confirm that the work submitted for the examination has been undertaken by the candidate presenting the work. A relative of the candidate may not act as Authenticator.

5.     Where coursework tasks are completed over a period of time, the Authenticator should initial each page of the final version of each separate piece of coursework in confirmation that it is the work of the candidate making the entry for the examination. This is particularly important in the case of written coursework produced in typewritten or word-processed form.

6.     Private Candidates who are not on roll at a centre for a course of Instruction and whose work is to be submitted for marking by the AQAare required to complete form CW1/AUTH giving details of the person who is authenticating their work. Form CW1/AUTH should be given to the Examinations Officer of the centre which has agreed to accept you as a Private Candidate, who will forward it to the AQA with your entry.

7.     The AQA will conduct checks with the person who has agreed to act as the Authenticator of your coursework in order to establish that he or she has seen sufficient of your work to satisfy the requirements for authentication.

8.     You will be responsible for any charges which may be made for authentication of your coursework.

9.     When making your entry you must ensure that you have obtained from the centre a Candidate Assessment Sheet (CAS) for each component Involved and have obtained your Authenticator’s signature on the CAS before handling In your coursework at the centre of entry, or as otherwise instructed.

 

Please contact AQA if you would like any further advice.

 

Further information about the exam board stipulations for coursework will be found at the end of Lesson Nine when you will be asked to think about suitable topics.   With luck, the coursework should be the most enjoyable and rewarding part of your studies!

                                                           

Good luck!

 

Copyright © Oxford Open Learning, 2004

 

 

* © A. John Coventry

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